Solitary Confinement within Juvenile Detention Centres in Western Australia

No metrics data to plot.

The attempt to load metrics for this article has failed.

The attempt to plot a graph for these metrics has failed.

The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on
BrillOnline Books and Journals. Students and scholars affiliated with an
institution that has purchased a Brill E-Book on the BrillOnline platform
automatically have access to the MyBook option for the title(s) acquired by the
Library. Brill MyBook is a print-on-demand paperback copy which is sold at a
favorably uniform low price.

This article examines the use of solitary confinement of juveniles within the Western Australian justice system. Examining the legal framework, it points to the issues of inadequate accountability and oversight. Often manifesting itself under different names such as regression or simply confinement, it still results in extended periods of social isolation, minimal environmental stimulation and minimal opportunity for social interaction.The negative consequences of such confinement on children and young people are briefly examined before it is considered within the international human rights framework, specifically, in light of Australia’s international obligations and their stated commitment to the Convention on the Rights of the Child, the Beijing Rules and Havana Guidelines.

4. ShalevSharon, A Sourcebook on Solitary Confinement (Mannheim Centre for Criminology, London School of Economics, 2008).

5. SmithPeter Scharff, “"The Effects of Solitary Confinement: A Brief History and Review of the Research"” (2006), Vol 34 Crime and Justice: A Review of Research 441.

6. SmithPeter Scharff, “"Solitary confinement: an introduction to the Istanbul Statement on the Use and Effects of Solitary Confinement"” (2008), Vol 18(1) Journal on Rehabilitation of Torture Victims and Prevention of Torture 56.

17. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘cat’), opened for signature 10 December 1984, 1465 unts 85 (entered into force 26 June 1987).

18. Convention on the Rights of the Child (“crc”), opened for signature 20 November 1989, 1577 unts 3 (entered into force 2 September 1990).

19. European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14 (“European Convention on Human Rights”), opened for signature 4 November 1950, ets 5 (entered into force 5 November 1953).

20. International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 unts 171 (entered into force 23 March 1976).

25. Committee on the Rights of the Child (crc)General Comment No 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts.19; 28, paraS. 2; and 37, inter alia), 42nd session, un Doc. crc/c/gc/8 (2 March 2007).

26. Committee against Torture (cat), Consideration of Reports Submitted by States Parties under Article 19 of the Convention: Concluding Observations of the Committee Against Torture (Macao Special Administrative Region), 41st session, un Doc. cat/c/mac/co/4 (19 January 2009).

27. Subcommittee on Prevention of Torture, Report on the Visit of the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment To The Republic Of Paraguay, un Doc. cat/op/pry/1 (7 June 2010).

28. Committee of the Rights of the Child (crc), Consideration of Reports Submitted by States Parties under Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the Child (Denmark), 27th session, un Doc. crc/c/15/Add.151 (10 July 2001).

29. Committee on the Rights of the Child (crc), Consideration of Reports Submitted by States Parties under Article 44 of the Convention: Concluding Observations (Singapore), 34th session, un Doc. crc/c/15/Add.220 (27 October 2003).

30. Committee of the Rights of the Child (crc), Consideration of Reports Submitted by States Parties under Article 44 of the Convention: Concluding Observations (El Salvador), 36th session, un Doc. crc/c/15/Add.232 (30 June 2004).

31. General Assembly, Torture and other cruel, inhuman or degrading punishment: Note by the Secretary-General, 66th session, un Doc. a/66/268 (5 August 2011).

33. The Istanbul Statement on the Use and Effects of Solitary Confinement (“The Istanbul Statement”) adopted 9 December 2007, at the International Psychological Trauma Symposium, Istanbul, Turkey.

34. Human Rights and Equal Opportunity Commission (hreoc), A last resort? National Inquiry into Children in Immigration Detention (2004): https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/last-resort-national-inquiry-children-immigration.